| Court: | nysd |
| Docket #: | 7:11-cv-01660 |
| Case Name: | Ceja v. Vacca et al |
| PACER case #: | 376437 |
| Date filed: | 2011-03-10 |
| Date terminated: | 2012-04-16 |
| Assigned to: | Judge Vincent L. Briccetti |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Miguel Ceja Plaintiff |
Steven Jay Harfenist |
| Paul Vacca Defendant Deputy Commissioner and Building Official of the City of New Rochelle |
Robert Joseph Ponzini |
| The City of New Rochelle Defendant |
Robert Joseph Ponzini |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-03-10 | 1 | 0 | COMPLAINT against The City of New Rochelle, Paul Vacca. (Filing Fee $ 350.00, Receipt Number 927198)Document filed by Miguel Ceja.(fk) (Entered: 03/15/2011) | 2013-05-23 21:35:20 | 51cc957bc3a3ed49700cbf570dba86dc2c8ec876 | |
| 2011-03-10 | 2 | 0 | ORDER: This case has been assigned to J. Frederick Motz. Judge Motz is a District Judge in the District of Maryland, sitting by designation in the White Plains Division of the Southern District of New York, for the purpose of managing cases that would have been assigned to Judge Stephen Robinson until Judge Robinson's successor is appointed. If a motion to dismiss is filed in this action, Judge Motz will decide whether a hearing should be held. If so, the hearing will be by teleconference or videoconference. Judge Motz willbe in contact with counsel to arrange the teleconference or videoconference.When answer(s) have been filed, Judge Motz will issue a tentative scheduling order (using the form he ordinarily uses) and schedule a telephone conference with counsel to discuss the tentative order. If you have any questions, you should contact Judge Motz's judicial assistant, Mary Ellen Claypoole. Her telephone number is 410-962-0782. Courtesy copies of all papers filed in excess of 15 pages should be sent to Ms. Claypoole at the following address: U.S. District Court, Suite 510, 101 West Lombard Street, Baltimore, MD 21201. (Signed by Judge J. Frederick Motz on 3/10/2011) (fk) (Entered: 03/15/2011) | |||
| 2011-03-15 | 3 | 0 | CERTIFICATE OF SERVICE of Summons and Complaint. The City of New Rochelle served on 3/14/2011, answer due 4/4/2011. Service was accepted by Lydia Happel. Document filed by Miguel Ceja. (dcr) (Entered: 03/17/2011) | |||
| 2011-03-15 | 4 | 0 | CERTIFICATE OF SERVICE of Summons and Complaint. Paul Vacca served on 3/14/2011, answer due 4/4/2011. Service was accepted by Paul Vacca. Document filed by Miguel Ceja. (dcr) (Entered: 03/17/2011) | |||
| 2011-03-30 | 5 | 0 | NOTICE OF APPEARANCE by Robert Joseph Ponzini on behalf of The City of New Rochelle, Paul Vacca (Ponzini, Robert) (Entered: 03/30/2011) | |||
| 2011-03-30 | 6 | 0 | ENDORSED LETTER addressed to Judge J. Frederick Motz from Robert J.Ponzini dated 3/30/2011 re: Please be advised that the time for Defendants to move against, answer, or otherwise respond to the Complaint has been adjourned, on consent to and including May 17,2011. ENDORSEMENT: SO ORDERED. (Signed by Judge J. Frederick Motz on 3/30/2011) (rj) (Entered: 03/30/2011) | |||
| 2011-05-09 | 7 | 0 | NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge J. Frederick Motz is no longer assigned to the case. (laq) (Entered: 05/09/2011) | |||
| 2011-05-16 | 8 | 0 | FIRST MOTION to Dismiss Complaint. Document filed by The City of New Rochelle, Paul Vacca. Return Date set for 6/7/2011 at 09:30 AM.(Ponzini, Robert) (Entered: 05/16/2011) | |||
| 2011-05-16 | 9 | 0 | DECLARATION of Robert J. Ponzini in Support re: 8 FIRST MOTION to Dismiss Complaint.. Document filed by The City of New Rochelle, Paul Vacca. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Ponzini, Robert) (Entered: 05/16/2011) | |||
| 2011-05-16 | 10 | 0 | MEMORANDUM OF LAW in Support re: 8 FIRST MOTION to Dismiss Complaint.. Document filed by The City of New Rochelle, Paul Vacca. (Ponzini, Robert) (Entered: 05/16/2011) | |||
| 2011-05-19 | 11 | 0 | ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Robert J. Ponzini dated 5/10/2011 re: Defendants request for permission to file a motion. ENDORSEMENT: No pre-motion conference necessary. (Signed by Judge Vincent L. Briccetti on 5/18/2011) (fk) (Entered: 05/20/2011) | |||
| 2011-06-03 | 12 | 0 | ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Angelina L. Fryer dated 6/3/2011 re: Counsel for plaintiff Miguel Ceja, upon consent of all counsel, writes to request an adjournment of the motion to June 12, 2011 and an extension of plaintiffs time to respond to June 28, 2011. ENDORSEMENT: Application granted. Motions due by 6/12/2011. Responses due by 6/28/2011. (Signed by Judge Vincent L. Briccetti on 6/3/2011) (mml) (Entered: 06/06/2011) | |||
| 2011-06-28 | 13 | 0 | MEMORANDUM OF LAW in Opposition re: 8 FIRST MOTION to Dismiss Complaint.. Document filed by Miguel Ceja. (Harfenist, Steven) (Entered: 06/28/2011) | |||
| 2011-07-12 | 14 | 0 | FIRST REPLY MEMORANDUM OF LAW in Support re: 8 FIRST MOTION to Dismiss Complaint.. Document filed by The City of New Rochelle, Paul Vacca. (Ponzini, Robert) (Entered: 07/12/2011) | |||
| 2011-12-07 | 15 | 0 | MEMORANDUM DECISION:For all of the foregoing reasons, the Court GRANTS defendants' motion to dismiss in its entirety. Plaintiff's procedural due process claim is dismissed with prejudice. Plaintiff's substantive due process claim is dismissed without prejudice, and plaintiff is granted to leave to file an amended complaint as to that claim only by no later than December 21,2011. The Clerk is instructed to terminate the pending motion. (Doc. #8). ( Amended Pleadings due by 12/21/2011.) (Signed by Judge Vincent L. Briccetti on 12/7/2011) (rj) (Entered: 12/07/2011) | 2011-12-08 09:38:43 | 9f0a4870223152beeaf85d7bad85eb70da4b5ad9 | |
| 2011-12-23 | 16 | 0 | STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS:It is stipulated and agreed, by and between the undersigned that the time for defendants to move against, answer, or otherwise respond to the Amended Complaint is extended to and including February 10, 2012. The City of New Rochelle answer due 2/10/2012; Paul Vacca answer due 2/10/2012. (Signed by Judge Vincent L. Briccetti on 12/22/2011) (rj) (Entered: 12/23/2011) | |||
| 2011-12-22 | 17 | 0 | AMENDED COMPLAINT amending 1 Complaint against The City of New Rochelle, Paul Vacca with JURY DEMAND.Document filed by Miguel Ceja. Related document: 1 Complaint filed by Miguel Ceja.(fk) (Entered: 12/27/2011) | |||
| 2012-01-27 | 18 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU/DEFICIENT DOCKET ENTRY - MOTION to Dismiss Amended Complaint. Document filed by The City of New Rochelle, Paul Vacca. Responses due by 2/10/2012 Return Date set for 2/17/2012 at 09:30 AM.(Ponzini, Robert) Modified on 1/30/2012 (ldi). (Entered: 01/27/2012) | |||
| 2012-01-27 | 19 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert J. Ponzini in Support re: 18 MOTION to Dismiss Amended Complaint.. Document filed by The City of New Rochelle, Paul Vacca. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Ponzini, Robert) Modified on 1/30/2012 (ldi). (Entered: 01/27/2012) | |||
| 2012-01-27 | 20 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss Amended Complaint. Document filed by The City of New Rochelle, Paul Vacca. (Ponzini, Robert) Modified on 1/30/2012 (ldi). (Entered: 01/27/2012) | |||
| 2012-01-27 | 21 | 0 | FILING ERROR - DUPLICATE DOCKET ENTRY (SEE DOCUMENT #22) - MOTION to Dismiss Amended Complaint. Document filed by The City of New Rochelle, Paul Vacca. Responses due by 2/10/2012 Return Date set for 1/17/2012 at 09:30 AM.(Ponzini, Robert) Modified on 1/30/2012 (ldi). (Entered: 01/27/2012) | |||
| 2012-01-27 | 22 | 0 | MOTION to Dismiss Amended Complaint. Document filed by The City of New Rochelle, Paul Vacca. Responses due by 2/10/2012 Return Date set for 2/17/2012 at 09:30 AM.(Ponzini, Robert) (Entered: 01/27/2012) | |||
| 2012-01-27 | 23 | 0 | MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss Amended Complaint.. Document filed by The City of New Rochelle, Paul Vacca. (Ponzini, Robert) (Entered: 01/27/2012) | |||
| 2012-01-30 | 24 | 0 | DECLARATION of Robert J. Ponzini in Support re: 22 MOTION to Dismiss Amended Complaint.. Document filed by The City of New Rochelle, Paul Vacca. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Ponzini, Robert) (Entered: 01/30/2012) | |||
| 2012-02-15 | 25 | 0 | STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the plaintiffs time to respond to defendants' second motion to dismiss or otherwise move is hereby extended until and through February 17, 2012, and IT IS FURTHER STIPULATED AND AGREED, that the motion is adjourned on consent of the parties until February 24, 2012.( Motions due by 2/24/2012., Responses due by 2/17/2012) (Signed by Judge Vincent L. Briccetti on 2/15/2012) (rj) (Entered: 02/16/2012) | |||
| 2012-02-17 | 26 | 0 | MEMORANDUM OF LAW in Opposition re: 22 MOTION to Dismiss Amended Complaint.. Document filed by Miguel Ceja. (Fryer, Angelina) (Entered: 02/17/2012) | |||
| 2012-02-17 | 27 | 0 | DECLARATION of Steven J. Harfenist in Opposition re: 22 MOTION to Dismiss Amended Complaint.. Document filed by Miguel Ceja. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fryer, Angelina) (Entered: 02/17/2012) | |||
| 2012-02-23 | 28 | 0 | REPLY MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss Amended Complaint.. Document filed by The City of New Rochelle, Paul Vacca. (Ponzini, Robert) (Entered: 02/23/2012) | |||
| 2012-04-16 | 29 | 0 | MEMORANDUM DECISION granting 22 Motion to Dismiss. Defendants' motion to dismiss the amended complaint is GRANTED.(Doc.#22). The Clerk is instructed to terminate the pending motion and close this case. (Signed by Judge Vincent L. Briccetti on 4/16/2012) (rj) (Entered: 04/16/2012) | |||
| 2012-04-16 | 30 | 0 | JUDGMENT - It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision dated April 16, 2012, defendants motion to dismiss is granted and the complaint is dismissed; accordingly, the case is hereby closed. (Signed by Clerk of Court Ruby Krajick on 04/16/2012) (dcr) (Entered: 04/16/2012) | |||
| 2012-04-27 | 31 | 0 | MOTION for Attorney Fees. Document filed by The City of New Rochelle, Paul Vacca. Return Date set for 5/18/2012 at 09:30 AM.(Ponzini, Robert) (Entered: 04/27/2012) | |||
| 2012-04-27 | 32 | 0 | DECLARATION of Robert J. Ponzini in Support re: 31 MOTION for Attorney Fees.. Document filed by The City of New Rochelle, Paul Vacca. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Ponzini, Robert) (Entered: 04/27/2012) | |||
| 2012-04-27 | 33 | 0 | MEMORANDUM OF LAW in Support re: 31 MOTION for Attorney Fees.. Document filed by The City of New Rochelle, Paul Vacca. (Ponzini, Robert) (Entered: 04/27/2012) | |||
| 2012-05-10 | 34 | 0 | ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Angelina L. Fryer dated 5/8/2012 re: Plaintiffs counsel would like to request an adjournment of this motion to June 29, 2012, with opposition papers due June 15. ENDORSEMENT: Application Granted., ( Motions due by 6/29/2012., Responses due by 6/15/2012) (Signed by Judge Vincent L. Briccetti on 5/10/2012) (rj) (Entered: 05/10/2012) | |||
| 2012-05-07 | 35 | 0 | NOTICE OF APPEAL from 30 Judgment,. Document filed by Miguel Ceja. Filing fee $ 455.00, receipt number 465407003249. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (rj) (Entered: 05/15/2012) | |||
| 2012-06-15 | 36 | 0 | DECLARATION of Steven J. Harfenist in Opposition re: 31 MOTION for Attorney Fees.. Document filed by Miguel Ceja. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Decision 12/7/2011, # 3 Exhibit Amended Complaint, # 4 Exhibit Decision 4/16/2012, # 5 Exhibit Judgment 4/16/2012, # 6 Exhibit Notice of Appeal, # 7 Exhibit Notice of Expedited Appeal)(Harfenist, Steven) (Entered: 06/15/2012) | |||
| 2012-06-15 | 37 | 0 | MEMORANDUM OF LAW in Opposition re: 31 MOTION for Attorney Fees.. Document filed by Miguel Ceja. (Harfenist, Steven) (Entered: 06/15/2012) | |||
| 2012-06-29 | 38 | 0 | REPLY AFFIRMATION of Robert J. Ponzini in Support re: 31 MOTION for Attorney Fees.. Document filed by The City of New Rochelle, Paul Vacca. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ponzini, Robert) (Entered: 06/29/2012) | |||
| 2012-06-29 | 39 | 0 | REPLY MEMORANDUM OF LAW in Support re: 31 MOTION for Attorney Fees.. Document filed by The City of New Rochelle, Paul Vacca. (Ponzini, Robert) (Entered: 06/29/2012) | |||
| 2012-07-06 | 40 | 0 | MEMORANDUM DECISION denying 31 Motion for Attorney Fees.Following the Courts dismissal of plaintiffs amended complaint, defendants moved for an award of attorneys fees, 42 U.S.C. ยง 1988(b), asserting that the suit was frivolous. While the Court has found that the suit was without merit, in the exercise of its discretion, the Court declines to find that it was frivolous, unreasonable, or without foundation. See Fox v. Vice, 131 S. Ct. 2205, 2212 (2011) (internal quotation marks and citations omitted). The long history of this case includes litigation in the New Rochelle City Court in which plaintiff prevailed, following which the City claimed plaintiffs two-family residence violated city parking requirements. This Court did not dismiss the initial complaint with prejudice, but rather gave plaintiff an opportunity to amend the complaint to attempt to allege a substantive due process claim under Section 1983. Ultimately, this Court held that plaintiff had not sufficiently alleged either a procedural or substantive due process claim, and the Court adheres to that ruling. However, an award of attorneys fees to a prevailing defendant in a civil rights case should be very rare, Sista v. CDC Ixis North America, Inc.Defendants motion for an award of attorneys fees is DENIED., 445 F.3d 161, 178 (2d Cir. 2006), and the Court declines to make such an award in these circumstances. (Signed by Judge Vincent L. Briccetti on 7/6/2012) (rj) (Entered: 07/06/2012) | |||
| 2012-12-07 | 41 | 0 | MANDATE of USCA (Certified Copy) USCA Case Number 12-2076. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12-07-2012. Certified: 12-07-2012. (br) (Entered: 12/07/2012) | |||
| 2013-02-01 | 42 | 0 | BILL OF COSTS docketed as Judgment #13,0027 WP on 2/1/2013 in favor of Paul Vacca and the City of New Rochelle against Miguel Ceja for the sum of $175.40. (lnl) (Entered: 02/05/2013) |